BILL NUMBER: SB 612 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Jackson
FEBRUARY 27, 2015
An act to amend Sections 25117, 25141, 25270.2, 25270.4.1,
25270.4.5, 25270.5, 25270.6, 25281, 25404, 25500, 25503, 25505,
25507, 25507.2, 25508.1, and 25531.2 of, and to add Sections
25110.8.2 and 25143.15 to, the Health and Safety Code, relating to
hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 612, as introduced, Jackson. Hazardous materials.
(1) Existing law requires the Department of Toxic Substances
Control to establish programs for and regulate hazardous waste source
reduction. Existing law requires the department to prepare, adopt,
and revise, when appropriate, a listing of the wastes that are
determined to be hazardous, and a listing of the wastes that are
determined to be extremely hazardous. Existing law requires the
department to develop, and adopt by regulation, criteria and
guidelines for the identification of hazardous wastes and extremely
hazardous wastes.
This bill would require the department to adopt regulations
establishing criteria and guidelines by December 31, 2016, for
determining onsite generation quantities to determine the California
generator status, as defined, of a person who generates hazardous
waste at an individual site. The bill would require a generator to
determine the quantities of all hazardous waste generated onsite each
calendar month and to use this quantity to determine his or her
California generator status for proper management of those wastes, as
specified.
(2) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. Existing law requires every
county to apply to the secretary to be certified to implement the
unified program and allows a city or local agency to implement the
unified program as a unified program agency, or UPA. Existing law
requires the Office of Emergency Services to adopt, after public
hearing and consultation with the Office of the State Fire Marshal
and other appropriate public entities, regulations for minimum
standards for business plans and area plans, and requires all
business plans and area plans to meet the standards adopted by the
Office of Emergency Services. Existing law requires a UPA, in
consultation with local emergency response agencies, to establish an
area plan for emergency response to a release or threatened release
of a hazardous material within its jurisdiction. A UPA is required to
submit a proposed area plan to the Office of Emergency Services, and
the office is required to notify the UPA whether the area plan is
adequate and meets the standards adopted by the office in
regulations. Existing law requires a UPA to certify to the office
every 3 years that it has conducted a complete review of its area
plan and has made any necessary revisions and, if a substantial
change is made to its area plan, to forward the changes to the office
within 14 days after the changes have been made.
This bill would require the UPA to certify to the Office of
Emergency Services every 3 years that it has conducted a review of
its area plan and has made any necessary revisions or that no
substantial changes have been made.
Existing law requires a business handling hazardous materials, as
specified, to establish and implement a business plan for emergency
response to a release or threatened release of a hazardous material
in accordance with the standards prescribed in the regulations
adopted by the Office of Emergency Services. The business plan is
required to contain specified information, including a site map that
contains north orientation, loading areas, internal roads, adjacent
streets, storm and sewer drains, access and exit points, emergency
shutoffs, evacuation staging areas, hazardous material handling and
storage areas, and emergency response equipment.
This bill would additionally require the site map to include
additional map requirements required by the UPA pursuant to an
ordinance.
Existing law makes the knowing violation of the business plan
requirements a crime.
This bill, by expanding the requirements for a business plan,
would impose a state-mandated local program by expanding the
application of a crime.
This bill would make additional legislative findings and
declarations relative to the unified program.
(3) The Aboveground Petroleum Storage Act defines, for purposes of
the act, an "aboveground storage tank" as a tank that has the
capacity to store 55 gallons or more of petroleum and that is
substantially or totally above the surface of the ground and a tank
in an underground area, as defined, except as specified.
This bill would revise the definition of "aboveground storage tank"
to include a tank or container that has the capacity to store 55
gallons or more of petroleum, including drums, intermediate bulk
containers, totes, mobile refuelers, oil-filled operational
equipment, and oil-filled manufacturing equipment, and that is
substantially or totally above the surface of the ground and a tank
in an underground area.
Existing law requires the unified program agencies (UPAs) to
implement the Aboveground Petroleum Storage Act in accordance with
regulations adopted by the Office of the State Fire Marshal and
authorizes the Office of the State Fire Marshal to adopt these
regulations.
This bill would require the Office of the State Fire Marshal to
adopt these regulations.
Except for certain tank facility located on a farm, nursery,
logging site, or construction site, the Aboveground Petroleum Storage
Act requires each owner or operator of a storage tank at a tank
facility to prepare a spill prevention control and countermeasure
plan and to conduct periodic inspections of the storage tank.
This bill would revise the above-described exception to the plan
and inspection requirements to instead require that the tank facility
be operated by, instead of located on, the farm, nursery, logging
site, or construction site. The bill would require that the plan
address best management practices to prevent petroleum releases, as
specified.
(4) Existing law generally regulates the storage of hazardous
substances in underground storage tanks and requires underground
storage tanks that are used to store hazardous substances and that
are installed after January 1, 1984, to meet certain requirements and
obtain a permit from the UPA.
This bill would revise the definition of "storage" and "store" for
purposes of the regulation of the storage of hazardous substances in
underground storage tanks, to exempt storage that is in compliance
with specified alternative laws for the regulation of hazardous
materials.
This bill would make other changes to the hazardous materials
laws.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25110.8.2 is added to the Health and Safety
Code, to read:
25110.8.2. (a) "California generator status" means the
designation as a "large quantity generator" or a "small quantity
generator" according to the quantity of hazardous waste generated in
a calendar month for purposes of hazardous waste management pursuant
to requirements in this chapter and Chapter 12 (commencing with
Section 66262.10) of Division 4.5 of Title 22 of the California Code
of Regulations. A generator will be designated as a "large quantity
generator" or a "small quantity generator" according to the
following:
(1) "Large quantity generator" or "LQG" means a generator of more
than one kilogram of acutely or extremely hazardous waste, or 1,000
kilograms or greater of nonacute hazardous waste in a month as
described in Chapter 12 (commencing with Section 66262.10) of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) "Small quantity generator" or "SQG" means a generator of more
than 100 kilograms of nonacute hazardous waste in a calendar month,
but less than 1,000 kilograms of nonacute hazardous waste in a
calendar month, as described in Chapter 12 (commencing with Section
66262.10) of Division 4.5 of Title 22 of the California Code of
Regulations.
(b) "Generator" has the same meaning as defined in Section
25205.1.
SEC. 2. Section 25117 of the Health and Safety Code is amended to
read:
25117. (a) Except as provided in subdivision (d), "hazardous
waste" means a waste that meets any of the criteria for the
identification of a hazardous waste adopted by the department
pursuant to Section 25141.
(b) "Hazardous waste" includes, but is not limited to, RCRA
hazardous waste.
(c) Unless expressly provided otherwise, "hazardous waste" also
includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil
prosecution brought by a city or district attorney or the Attorney
General for violation of this chapter, when it is an element of proof
that the person knew or reasonably should have known of the
violation, or violated the chapter willfully or with reckless
disregard for the risk, or acted intentionally or negligently, the
element of proof that the waste is hazardous waste may be satisfied
by demonstrating that the waste exhibited the characteristics set
forth in subdivision (b) (c) of Section
25141.
SEC. 3. Section 25141 of the Health and Safety Code is amended to
read:
25141. (a) The department shall develop and adopt by regulation
criteria and guidelines for the identification of hazardous wastes
and extremely hazardous wastes.
(b) By December 31, 2016, the department shall adopt regulations
establishing criteria and guidelines for determining onsite
generation quantities for purposes of determining a generator's
California generator status.
(b)
(c) The criteria and guidelines adopted by the
department pursuant to subdivision (a) shall identify waste or
combinations of waste, that may do either of the following, as
hazardous waste because of its quantity, concentration, or physical,
chemical, or infectious characteristics:
(1) Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness.
(2) Pose a substantial present or potential hazard to human
health or the environment, due to factors including, but not limited
to, carcinogenicity, acute toxicity, chronic toxicity,
bioaccumulative properties, or persistence in the environment, when
improperly treated, stored, transported, or disposed of, or otherwise
managed.
(c)
(d) Except as provided in Section 25141.5, any
regulations adopted pursuant to this section for the identification
of hazardous waste as it read on January 1, 1995, which are in effect
on January 1, 1995, shall be deemed to comply with the intent of
this section as amended by this act during the 1995 portion of the
1995-96 Regular Session of the Legislature.
SEC. 4. Section 25143.15 is added to the Health and Safety Code,
to read:
25143.15. (a) Generators shall determine the quantities of all
hazardous waste generated onsite each calendar month. The quantities
of waste calculated within any calendar month shall be used to
determine the California generator status for proper management of
those wastes pursuant to Chapter 12 (commencing with Section
66262.10) of Division 4.5 of Title 22 of the California Code of
Regulations.
(b) Quantities of the following wastes are not to be included in
the determination required of generators by subdivision (a), if they
are managed as specified:
(1) Universal wastes and electronic wastes managed in compliance
with Chapter 23 (commencing with Section 66273.1) of Division 4.5 of
Title 22 of the California Code of Regulations.
(2) Treated wood wastes managed in compliance with the alternate
management standards of Chapter 34 (commencing with Section 67386.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
(3) Spent lead-acid storage batteries sent for recycling and
managed in compliance with Article 10.5 (commencing with Section
25215) of this code and Article 7 (commencing with Section 66266.80)
of Chapter 16 of Division 4.5 of Title 22 of the California Code of
Regulations.
(4) Recyclable oil filters and fuel filters managed in compliance
with Article 13 (commencing with Section 25250) of this chapter and
Article 6 (commencing with Section 66266.50) of Chapter 16 of
Division 4.5 of Title 22 of the California Code of Regulations.
(5) Appliances managed in compliance with Article 10.1 (commencing
with Section 25211). Hazardous wastes or other materials that
require special handling removed from an appliance are subject to
counting upon removal.
(6) Substances that are exempted from the definition of waste by
this article or by regulations adopted by the department.
(7) Hazardous waste that is produced from onsite treatment of
hazardous waste, provided the hazardous waste treated was already
counted.
SEC. 5. Section 25270.2 of the Health and Safety Code is amended
to read:
25270.2. For purposes of this chapter, the following definitions
apply:
(a) "Aboveground storage tank" or "storage tank" means a tank
or container that has the capacity to store 55 gallons or more
of petroleum , including, but not limited to, drums,
intermediate bulk containers, totes, mobile refuelers, oil-filled
operational equipment, and oil-filled manufacturing equipment as
defined in Section 112.2 of Title 40 of the Code of Federal
Regulations and that is substantially or totally above the
surface of the ground, except that, for purposes of this chapter,
"aboveground storage tank" or "storage tank" includes a tank in an
underground area. "Aboveground storage tank" does not include any of
the following:
(1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
(2) A tank containing hazardous waste , as described in
subdivision (g) of Section 25316, or extremely
hazardous waste, as respectively defined in Sections 25117 and 25115,
if the Department of Toxic Substances Control has issued the
person owning or operating the tank a hazardous waste facilities
permit for the storage tank.
(3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric
fluid.
(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
(5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations and that does not meet the definition
of a tank in an underground area.
(6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24,
1971, as set forth in Appendix A to Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I of Title
40 of the Code of Federal Regulations.
(7) A tank or tank facility operated by a farm that is exempt from
the federal spill prevention, control, and countermeasure rule
requirements pursuant to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) "Board" means the State Water Resources Control Board.
(c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to 25404.2, inclusive,
to implement and enforce the requirements of this chapter.
(B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
(C) This paragraph does not limit the authority or responsibility
granted to the office, the board, and the regional boards by this
chapter.
(d) "Office" means the Office of the State Fire Marshal.
(e) "Operator" means the person responsible for the overall
operation of a tank facility.
(f) "Owner" means the person who owns the tank facility or part of
the tank facility.
(g) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
(h) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
(i) "Regional board" means a California regional water quality
control board.
(j) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
(k) "Secretary" means the Secretary for Environmental Protection.
( l ) "Storage" or "store" means the containment,
handling, or treatment of petroleum, for a period of time, including
on a temporary basis.
(m) "Storage capacity" means the aggregate capacity of all
aboveground storage tanks at a tank facility. The
"storage capacity" of a storage tank includes the shell capacity of
the storage tank. If a certain portion of the storage tank is
incapable of storing petroleum due to integral design, such as
mechanical equipment or other interior components, then the storage
capacity is reduced to the volume the storage tank can hold.
(n) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
(1) The pipe is within the dike or containment area.
(2) The pipe is between the containment area and the first flange
or valve outside the containment area.
(3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.
(4) The pipe is connected to a tank in an underground area.
(o) "Tank in an underground area" means a storage tank
to which all of the following apply:
(1) The storage tank is located in a structure that is
at least 10 percent below the ground surface, including, but not
limited to, a basement, cellar, shaft, pit, or vault.
(2) The structure in which the storage tank is located,
at a minimum, provides for secondary containment of the contents of
the tank, piping, and ancillary equipment, until cleanup occurs.
(3) A storage tank in an underground area is not subject to
Chapter 6.7 (commencing with Section 25280) if the storage tank is in
compliance with the provisions of this chapter, the tank facility
owner or operator is implementing a plan to prevent and control
releases, and the regulations, specific to tanks in underground areas
and buried piping connected to tanks in underground areas, have been
adopted by the office pursuant to 25270.4.1.
(3)
(4) The storage tank meets one or more
of the following conditions:
(A) The storage tank contains petroleum to be used or
previously used as a lubricant or coolant in a motor engine or
transmission, the tank oil-filled operational
equipment, or oil-filled manufacturing equipment, is situated
on or above the surface of the floor, and the structure in which the
tank is located provides enough space for a physical
inspection direct viewing of the exterior of the
tank except for the part of the tank in contact with the surface of
the floor.
(B) The storage tank does not meet the conditions
in subparagraph (A), (C), or (D), contains motor fuel,
as defined in Section 280.12 of Title 40 of the Code of Federal
Regulations, the tank petroleum, is situated
on or above the surface of the floor, and the structure in
which the tank is located provides enough space for a
physical inspection direct viewing of the
exterior of the tank, all piping connected to the tank
including any portion of a vent line, vapor recovery line, or fill
pipe that is beneath the surface of the ground, and all ancillary
equipment. except for the part of the tank in contact
with the surface of the floor, and all piping connected to the tank,
including any portion of a vent line, vapor recovery line, or fill
pipe that is beneath the surface of the ground, and all
ancillary equipment, can either be visually inspected by direct
viewing or has both secondary containment and leak detection that
meets the requirements of the regulations adopted by the
office pursuant to Section 25270.4.1.
(C) The storage tank contains petroleum that is considered a
hazardous waste and complies with the hazardous waste tank standards
pursuant to Article 10 (commencing with Section 66265.190) of Chapter
15 of Title 22 of the California Code of Regulations and the tank
facility has been issued a unified program facility permit pursuant
to Section 25404.2 for generation, treatment, accumulation, or
storage of hazardous waste.
(D) The storage tank contains petroleum and is used for emergency
systems, is situated on or above the surface of the floor, and the
structure in which the tank is located provides enough space for
direct viewing of the exterior of the tank except for the part of the
tank in contact with the surface of the floor.
(E) The storage tank meets one of the conditions described in
subparagraphs (A) through (D), inclusive and meets all of the
following:
(i) Is located at a facility with a storage capacity of less than
1,320 gallons of petroleum.
(ii) The tank facility owner or operator is monitoring the tank in
compliance with recognized industry standards.
(iii) The tank facility owner or operator is implementing a plan
to prevent and control releases to the environment.
(iv) The tank facility owner or operator is complying with the
provisions of this chapter and the regulations adopted by the office.
(p) "Viewing" means visual inspection, and "direct viewing" means,
in regard to a storage tank, direct visual inspection of the
exterior of the tank, except for the part of the tank in contact with
the surface of the floor, and the entire length of all piping and
ancillary equipment by a person or through the use of visual aids,
including, but not limited to, mirrors, cameras, or video equipment.
(q) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
SEC. 6. Section 25270.4.1 of the Health and Safety Code is amended
to read:
25270.4.1. (a) The office may shall
adopt regulations implementing this chapter. The office shall also
provide interpretation of this chapter to the UPAs, and oversee the
implementation of this chapter by the UPAs.
(b) The office shall establish an advisory committee that includes
representatives from regulated entities, appropriate trade
associations, fire service organizations, federal, state, and local
organizations, including UPAs, and other interested parties. The
advisory committee shall act in an advisory capacity to the office in
conducting its responsibilities.
(c) The office shall, in addition to any other requirements
imposed pursuant to this chapter, train UPAs, ensure consistency with
state law, to the maximum extent feasible, ensure consistency with
federal enforcement guidance issued by federal agencies pursuant to
subdivision (d), and support the UPAs in providing outreach to
regulated persons regarding compliance with current local, state, and
federal regulations relevant to the office's obligations under this
chapter.
(d) Any regulation adopted by the office pursuant to this section
shall ensure consistency with the requirements for spill prevention,
control, and countermeasure plans under Part 112 (commencing with
Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code
of Federal Regulations, and shall include any more stringent
requirements necessary to implement this chapter.
SEC. 7. Section 25270.4.5 of the Health and Safety Code is amended
to read:
25270.4.5. (a) Except as provided in subdivision (b), each owner
or operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan prepared in accordance with Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
assure compliance with Section Part
112 (commencing with Section 112.1) of Subchapter D of Chapter I of
Title 40 of the Code of Federal Regulations. In implementing the
spill prevention control and countermeasure plan, each owner or
operator specified in this subdivision shall fully comply with the
latest version of the regulations contained in Part 112 (commencing
with Section 112.1) of Subchapter D of Chapter I of Title 40 of the
Code of Federal Regulations. Tank facilities that are subject to
this chapter shall prepare a spill prevention control and
countermeasure plan addressing best management practices to prevent
petroleum releases using the same format required by Part 112
(commencing with Section 112.1) of Subchapter D of Chapter I of Title
40 of the Code of Federal Regulations, including tank facilities not
subject to the requirements of that part pursuant to that part's
general applicability provisions in Section 112.1.
(b) A tank facility located on operated by
a farm, nursery, logging site, or construction site is not
subject to subdivision (a) if no storage tank at the location exceeds
20,000 gallons and the cumulative storage capacity of the tank
facility does not exceed 100,000 gallons. The
However, notwithstanding paragraph (7) of subdivision (a) of Section
25270.2, the owner or operator of a tank facility exempt
pursuant to this subdivision shall take the following actions:
(1) Conduct a daily visual inspection of any storage tank storing
petroleum. For purposes of this section, "daily" means every day
that contents are added to or withdrawn from the tank, but no less
than five days per week. The number of days may be reduced
by the number of state or federal holidays that occur during the
week if there is no addition to, or withdrawal from, the tank on the
holiday. The unified program agency may reduce the frequency of
inspections to not less than once every three days at a tank facility
that is exempt pursuant to this section if the tank facility is not
staffed on a regular basis, provided that the inspection is performed
every day the facility is staffed.
(2) Allow the UPA to conduct a periodic inspection of the tank
facility.
(3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.
SEC. 8. Section 25270.5 of the Health and Safety Code is amended
to read:
25270.5. (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
(b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary.
secretary and the office.
(c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall meet both of the following
requirements: complete and pass the initial
aboveground storage tank inspector training program. The curriculum
of the aboveground storage tank inspector training program shall
focus on the spill prevention control and countermeasure
plan provisions and safety requirements for aboveground storage tank
inspections.
(1) Complete an aboveground storage tank training program, which
shall be established by the secretary.
(2) Satisfactorily pass an examination developed by the secretary
on the spill prevention control and countermeasure plan provisions
and safety requirements for aboveground storage tank inspections.
SEC. 9. Section 25270.6 of the Health and Safety Code is amended
to read:
25270.6. (a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the UPA
statewide information management system, a tank
facility statement that shall identify the name and address of the
tank facility, a contact person for the tank facility, the total
storage capacity of the tank facility, and the location,
size, age, location and contents of each
petroleum storage tank that exceeds 10,000 gallons in
capacity and that holds a substance containing at least 5 percent of
petroleum. capacity. A copy of a statement
submitted previously pursuant to this section may be submitted in
lieu of a new tank facility statement if no new or used storage tanks
have been added to the facility or if no significant modifications
have been made. For purposes of this section, a significant
modification includes, but is not limited to, altering existing
storage tanks or changing spill prevention or containment methods.
(2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision
(e) (d) of Section 25501, to the
UPA, statewide information management system
and that complies with Sections 25503.5,
25503, 25505, and 25510, 25505.1,
25507, 25507.2, 25508, and 25508.1, satisfies the requirement
in paragraph (1) to file a tank facility statement.
(b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA
shall also implement the fee accountability program established
pursuant to subdivision (c) of Section 25404.5 and the regulations
adopted to implement that program.
SEC. 10. Section 25281 of the Health and Safety Code is amended to
read:
25281. For purposes of this chapter and unless otherwise
expressly provided, the following definitions apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary to implement or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to 25404.2,
inclusive, to implement and enforce only those requirements of
this chapter listed in paragraph (3) of subdivision (c) of Section
25404 and the regulations adopted to implement those requirements.
Except as provided in Section 25296.09, after a CUPA has been
certified by the secretary, the UPA shall be the only local agency
authorized to enforce the requirements of this chapter listed in
paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (Public Law
98-616), or as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (7) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 2012, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means one of the following, as specified in
subdivision (b) of Section 25283:
(1) The unified program agency.
(2) Before July 1, 2013, a city or county.
(3) On and after July 1, 2013, a city or county certified by the
board to implement the local oversight program pursuant to Section
25297.01.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
( l ) "Person" means an individual, trust, firm, joint
stock company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) (1) "Storage" or "store" means the
containment, handling, or treatment of hazardous substances, either
on a temporary basis or for a period of years. "Storage"
(2) "Storage" or "store" does not
include the storage of hazardous wastes in an underground storage
tank if the person operating the tank has been issued a hazardous
waste facilities permit by the department pursuant to Section 25200
or 25201.6 or granted interim status under Section 25200.5.
(3) "Storage" or "store" does not include the storage of hazardous
wastes in an underground storage tank if the facility has been
issued a unified program facility permit pursuant to Section 25404.2
for generation, treatment, accumulation, or storage of hazardous
waste in an underground area, as defined in Section 280.12 of Title
40 of the Code of Federal Regulations, that is subject to Chapter
6.67 (commencing with 25270) and complies with the hazardous waste
tank standards pursuant to Article 10 (commencing with Section
66265.190) of Chapter 15 of Title 22 of the California Code of
Regulations.
(4) "Storage" or "store" does not include the storage of hazardous
wastes in an underground storage tank if all of the following apply:
(A) The facility has been issued a unified program facility permit
pursuant to Section 25404.2 for generation, treatment, accumulation,
or storage of hazardous waste in a tank.
(B) The tank is located in a structure that is at least 10 percent
below the ground surface, including, but not limited to, a basement,
cellar, shaft, pit, or vault.
(C) The structure in which the tank is located, at a minimum,
provides for secondary containment of the contents of the tank,
piping, and ancillary equipment, until cleanup occurs.
(D) The tank complies with the hazardous waste tank standards
pursuant to Article 10 (commencing with Section 66265.190) of Chapter
15 of Title 22 of the California Code of Regulations.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, and lined and
unlined pits, sumps, and lagoons. A sump that is a part of a
monitoring system required under Section 25290.1, 25290.2, 25291, or
25292 and sumps or other structures defined as underground storage
tanks under the federal act are not exempted by this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(E) A tank in an underground area, as defined in Section 25270.2,
and associated piping, that is subject to Chapter 6.67 (commencing
with Section 25270).
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
SEC. 11. Section 25404 of the Health and Safety Code is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. to 25404.2,
inclusive. After a CUPA has been certified by the secretary,
the unified program agencies and the state agencies carrying out
responsibilities under this chapter shall be the only agencies
authorized to enforce the requirements listed in subdivision (c)
within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the California Fire Code or the California Building
Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(iv) Persons operating a collection location that has been
established under an architectural paint stewardship plan approved by
the Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
(v) On and before December 31, 2019, a transfer facility, as
described defined in paragraph (3) of
subdivision (a) of Section 25123.3, that is operated by a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service, as defined in
subdivision (c) of Section 25218.1. On and after January 1, 2020, the
unified program shall not include a transfer facility operated by a
door-to-door household hazardous waste collection program.
(vi) Persons who receive used oil from consumers pursuant to
Section 25250.11.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85 (commencing
with Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85 (commencing
with Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of Sections 2701.5.1 and 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9 concerning hazardous material management plans and
inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed
under Section 25503.3.
(2) (A) No later than January 1, 2010, the
The secretary shall establish a statewide information
management system capable of receiving all data collected by the
unified program agencies and reported by regulated businesses
pursuant to this subdivision and Section 25504.1,
subdivision, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 12. Section 25500 of the Health and Safety Code is amended to
read:
25500. (a) The Legislature declares that, in order to protect the
public health and safety and the environment, it is necessary to
establish business and area plans relating to the handling and
release or threatened release of hazardous materials. The
establishment of a statewide environmental reporting system for these
plans is a statewide requirement. Basic information on the location,
type, quantity, and health risks of hazardous materials handled,
used, stored, or disposed of in the state, which could be
accidentally released into the environment, is required
to be submitted to firefighters,
health officials, planners, public safety officers, health care
providers, regulatory agencies, and other interested persons. The
information provided by business and area plans is necessary in order
to prevent or mitigate the damage to the health and safety of
persons and the environment from the release or threatened release of
hazardous materials into the workplace and environment.
(b) The Legislature further finds and declares that this article
and Article 2 (commencing with Section 25531) do not occupy the whole
area of regulating the inventorying of hazardous materials and the
preparation of hazardous materials response plans by businesses, and
the Legislature does not intend to preempt any local actions,
ordinances, or regulations that impose additional or more stringent
requirements on businesses that handle hazardous materials. Thus, in
enacting this article and Article 2 (commencing with Section 25531),
it is not the intent of the Legislature to preempt or otherwise
nullify any other statute or local ordinance containing the same or
greater standards and protections.
(c) The Legislature further finds and declares that the owners and
operators of stationary sources producing, processing, handling, or
storing hazardous materials have a general duty, in the same manner
and to the same extent as is required by Section 654 of Title 29 of
the United States Code, to identify hazards that may result from
releases using appropriate hazard assessment techniques, to design
and maintain a safe facility taking those steps as are necessary to
prevent releases, and to minimize the consequences of accidental
releases that do occur.
SEC. 13. Section 25503 of the Health and Safety Code is amended to
read:
25503. (a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for paragraphs (3) and
(4) of subdivision (a) of Section 25505.
(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25510. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25510.
(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency response personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25510.
(d) (1) The unified program agency shall submit to the office for
its review a copy of the proposed area plan within 180 days after
adoption of regulations by the office. The office shall notify the
unified program agency as to whether the area plan is adequate and
meets the area plan standards. The unified program agency shall
submit a corrected area plan within 45 days of this notice.
(2) The unified program agency shall certify to the office every
three years that it has conducted a complete
review of its area plan and has made any necessary
revisions. revisions or that no substantial changes
have been made. If a unified program agency makes a substantial
change to its area plan, it shall forward the changes to the office
within 14 days after the changes have been made.
(e) The inspection and enforcement program established pursuant to
paragraphs (2) and (3) and (4) of
subdivision (a) of Section 25404.2, shall include the basic
provisions of a plan to conduct onsite inspections of businesses
subject to this article by the unified program agency. These
inspections shall ensure compliance with this article and shall
identify existing safety hazards that could cause or contribute to a
release and, where appropriate, enforce any applicable laws and
suggest preventative measures designed to minimize the risk of the
release of hazardous material into the workplace or environment. The
requirements of this subdivision do not alter or affect the immunity
provided to a public entity pursuant to Section 818.6 of the
Government Code.
SEC. 14. Section 25505 of the Health and Safety Code is amended to
read:
25505. (a) A business plan shall contain all of the following
information:
(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall be
adopted by local ordinance and shall be subject to trade secret
protection specified in Section 25512. The unified program agency
shall notify the secretary within 30 days after those requirements
are adopted.
(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas, hazardous
material handling and storage areas, and emergency
response equipment. equipment, and
additional map requirements the governing body of the unified program
agency finds necessary. Any locally required additional map
requirements shall be adopted by local ordinance and the unified
program agency shall notify the secretary within 30 days after those
requirements are adopted. A site map shall be updated to include the
additional information required pursuant to the local ordinance no
later than one year after adoption of the local ordinance.
(3) Emergency response plans and procedures in the event of a
release or threatened release of a hazardous material, including, but
not limited to, all of the following:
(A) Immediate notification contacts to the appropriate local
emergency response personnel and to the unified program agency.
(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.
(C) Evacuation plans and procedures, including immediate notice,
for the business site.
(4) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in paragraph (3). These training programs may
take into consideration the position of each employee. This training
shall be documented electronically or by hard copy and shall be made
available for a minimum of three years.
(b) A business required to file a pipeline operations contingency
plan in accordance with the Elder California Pipeline Safety Act of
1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of
Division 1 of Title 5 of the Government Code) and the regulations of
the Department of Transportation, found in Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter I of Subtitle B of Title 49
of the Code of Federal Regulations, may file a copy of those plans
with the unified program agency instead of filing an emergency
response plan specified in paragraph (3) of subdivision (a).
(c) The emergency response plans and procedures, the inventory of
information required by this article, and the site map required by
this section shall be readily available to personnel of the business
or the unified program facility with responsibilities for emergency
response or training pursuant to this section.
SEC. 15. Section 25507 of the Health and Safety Code is amended to
read:
25507. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business for any
business that meets any of the following conditions:
conditions at a unified program facility:
(1) (A) The business facility
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is equal to, or greater than, 55 gallons for materials that
are liquids, 500 pounds for solids, or 200 cubic feet for compressed
gas, as defined in subdivision (i) of Section 25501. The physical
state and quantity present of mixtures shall be determined by the
physical state of the mixture as a whole, not individual components,
at standard temperature and pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) The business facility is
required to submit chemical inventory information pursuant to Section
11022 of Title 42 of the United States Code.
(3) The business facility handles at
any one time during the reporting year an amount of a hazardous
material that is equal to, or greater than the threshold planning
quantity, under both of the following conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) Except as provided in subparagraph (B), the business
handles at any one time during the reporting year a total weight of
5,000 pounds for solids or a total volume of 550 gallons for liquids,
if the hazardous material is a solid or liquid substance that is
classified as a hazard for purposes of Section 5194 of Title 8 of the
California Code of Regulations solely as an irritant or sensitizer.
(B) If the hazardous material handled by the business
facility is a paint that will be recycled or
otherwise managed under an architectural paint recovery program
approved by the Department of Resources Recovery and Recycling
pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of
Division 30 of the Public Resources Code, the business is required to
establish and implement a business plan only if the business handles
at any one time during the reporting year a total weight of 10,000
pounds of solid hazardous materials or a total volume of 1,000
gallons of liquid hazardous materials.
(5) The business facility handles at
any one time during the reporting year crynogenic,
cryogenic refrigerated, or compressed gas in a
quantity of 1,000 cubic feet or more at standard temperature and
pressure, if the gas is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) The business facility handles a
radioactive material at any one time during the reporting year in
quantities for which an emergency plan is required to be considered
pursuant to Schedule C (Section 30.72) of Part 30 (commencing with
Section 30.1), Part 40 (commencing with Section 40.1), or Part 70
(commencing with Section 70.1), of Chapter 1 of Title 10 of the Code
of Federal Regulations, or pursuant to any regulations adopted by the
state in accordance with those regulations.
(7) The business facility handles
perchlorate material, as defined in subdivision (c) of Section
25210.5, in a quantity at any one time during the reporting year that
is equal to, or greater than, the thresholds listed in paragraph
(1).
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas in a
closed cooling system, that are used for comfort or space cooling for
computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.
(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(B) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:
(A) Fluid in a hydraulic system.
(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within that
business, facility, unless the
uniform unified program agency finds, and
provides notice to the business facility
handling the propane, that the handling of the on-premises
propane requires the submission of a business plan, or any portion of
a business plan, in response to public health, safety, or
environmental concerns.
(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material was released into the
environment. The unified program agency shall send a notice to the
office and the secretary within 15 days from the effective date of
any exemption granted pursuant to this subdivision.
(d) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(e) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(f) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (d) and (e).
SEC. 16. Section 25507.2 of the Health and Safety Code is amended
to read:
25507.2. Unless required by a local ordinance, the unified
program agency shall exempt a business operating
an unstaffed facility located at least one-half mile from the nearest
occupied structure from Sections 25508.2 and 25511, and shall
subject the business to Sections 25505, 25506, and 25507 only as
specified in this section, if the business
facility is not otherwise subject to the requirements of
applicable federal law, and all of the following requirements are
met:
(a) The types and quantities of materials onsite are limited to
one or more of the following:
(1) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(2) Five hundred gallons of combustible liquid used as a fuel
source.
(3) Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed containers.
(4) Five hundred gallons of lubricating and hydraulic fluids.
(5) One thousand two hundred gallons of hydrocarbon gas used as a
fuel source.
(6) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.
(b) The facility is secured and not accessible to the public.
(c) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information management
system. This one-time business plan submittal is subject to a
verification inspection by the unified program agency and the unified
program agency may assess a fee not to exceed the actual costs of
processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any change
in the business plan. A fee not to exceed the actual costs of
processing and inspection, if conducted, may be assessed by the
unified program agency.
SEC. 17. Section 25508.1 of the Health and Safety Code is amended
to read:
25508.1. Within 30 days of any one of the following events, a
business subject to this article shall electronically update the
information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously
disclosed material.
(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
(c) Change of business address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler's operations occurs
that requires modification to any portion of the business plan.
(2) For the purpose of this subdivision, "substantial change"
means any change in a regulated facility that
would inhibit immediate response during an emergency by either site
personnel or emergency response personnel, or that could inhibit the
handler's ability to comply with Section 25507, change the
operational knowledge of the facility, or impede implementation of
the business plan.
SEC. 18. Section 25531.2 of the Health and Safety Code is amended
to read:
25531.2. (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program
pursuant to this article, the Office of Emergency Services will play
a vital and increased role in preventing accidental releases of
extremely hazardous substances. The Legislature further finds and
declares that as an element of the unified program established
pursuant to Chapter 6.11 (commencing with Section 25404), a single
fee system surcharge mechanism is established by Section 25404.5 to
cover the costs incurred by the office pursuant to this article. It
is the intent of the Legislature that this existing authority,
together with any federal assistance that may become available to
implement the accidental release program, be used to fully fund the
activities of the office necessary to implement this article.
(b) The Legislature further finds and declares that the owners and
operators of stationary sources producing, processing, handling, or
storing hazardous materials have a general duty, in the same manner
and to the same extent as is required by Section 654 of Title 29 of
the United States Code, to identify hazards that may result from
releases using appropriate hazard assessment techniques, to design
and maintain a safe facility taking those steps as are necessary to
prevent releases, and to minimize the consequences of accidental
releases that do occur.
(b)
(c) The office shall use any federal assistance
received to implement Chapter 6.11 (commencing with Section 25404) to
offset any fees or charges levied to cover the costs incurred by the
office pursuant to this article.
SEC. 19. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.